ADM. REVIEW DOCKET NO.: BJ 230146 RT
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
GERTZ PLAZA
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
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IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
BJ 230146 RT
:
RENT ADMINISTRATOR'S
DOCKET NO.:
BC 230145 OR
CATHERINE FALCON
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On October 19, 1987, the above-named petitioner-tenant filed
a petition for administrative review of an order issued on
September 21, 1987, by the Rent Administrator, concerning the
housing accommodation known as 6902 Ridge Blvd., Brooklyn, New
York, Apartment 8D, wherein the Administrator determined that based
on a physical inspection conducted by DHCR, services have been
restored and therefore issued an order of restoration.
The Commissioner has reviewed all of the evidence in the
record and has carefully considered that portion of the record
relevant to the issue raised by the administrative appeal.
In the petition for administrative review, the tenant stated
in substance, that although the owner restored services complained
of, the owner should not be entitled to have the rent restored
retroactively.
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be denied.
The Administrator had ordered a rent reduction based on the
report of the agency inspector. The order was issued on February
24, 1987 and the rent reduction was effective May 1, 1986 for the
rent stabilized tenants who joined in the complaint.
ADM. REVIEW DOCKET NO.: BJ 230146 RT
On March 30, 1987, the owner filed an application to restore
rent. On September 21, 1987 the Administrator issued an order
granting the owner's rent restoration application based on the
results of an inspection which took place on August 14, 1987. The
rents were restored for the rent stabilized tenants effective May
1, 1987, the month following service of the owner's restoration
application on the tenants.
With regard to the tenant's assertion that the owner should
not be entitled a retroactive rent restoration, the tenant is
advised that pursuant to Section 2522.2 of the Rent Stabilization
Code, rent adjustments are to be effective the first rent payment
date occurring 30 days after the filing of the application, unless
otherwise set forth in the order. This authorization for
retroactive rent adjustments has resulted in a policy by the
Division of ordering both rent reductions and rent restorations to
be effective the first of the month following service of the
complaint or application on the opposing party. Accordingly, the
Administrator issued the rent reduction order effective May 1,
1986, which is the first day of the following month after giving
the owner notice of the tenant's complaint. Similarly, the
Administrator issued the rent restoration effective May 1, 1987,
which is the first day of the following month after giving the
tenant notice of the owner's application.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is
ORDERED, that this petition be and the same hereby is denied,
and the Rent Administrator's order be, and the same hereby is,
affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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